City of Sarasota agrees to stop targeting homeless

In a Friday, Jan. 11, 2013 photo, legal consultant Michael Barfield, right, talks to Cindy Edlund, left, and James Franklin Jr., both of which are homeless, as they sit on a park bench outside the Sarasota City Hall on Friday

Published: Wednesday, February 13, 2013 at 1:42 p.m.

Last Modified: Wednesday, February 13, 2013 at 1:42 p.m.

SARASOTA - The City of Sarasota and the American Civil Liberties Union have signed a consent decree that stops police from "interfering with the exercise of First Amendment rights" when dealing with the homeless.

The decree, a 60-day injunction, prohibits police from interfering with panhandlers — someone standing on a sidewalk soliciting assistance — unless they impede traffic, pedestrians or create an unsafe situation.

The agreement also bars officers from ordering panhandlers to move along — a common complaint among the homeless.

The decree spells out the reporting requirements if police violate the agreement, which include the names of the officers involved.

"The Court's ruling vindicates the right of all citizens to enjoy the protections of the First Amendment, particularly those who are the least able to seek protection," Michael Barfield, chair of the ACLU's legal panel, said in a written statement.

The ACLU will monitor the city's response to the decree, he said.

The agreement ends in 60 days, unless there are violations, at which point the court can extend the order.

The consent decree follows the arrest of Jon Hill, a homeless man who was arrested of panhandling on U.S. 301.

Hill was injured during his arrest, which he and his attorneys claim was the result of officers slamming his face into a squad car.

The arresting officers say he intentionally threw himself forward during a struggle, striking his head on their squad car window.

Hill spent five days in jail, until the ACLU got him released by filing an emergency petition — a writ of habeas corpus.

<p><em>SARASOTA</em> - The City of Sarasota and the American Civil Liberties Union have signed a consent decree that stops police from "interfering with the exercise of First Amendment rights" when dealing with the homeless.</p><p>The decree, a 60-day injunction, prohibits police from interfering with panhandlers — someone standing on a sidewalk soliciting assistance — unless they impede traffic, pedestrians or create an unsafe situation.</p><p>The agreement also bars officers from ordering panhandlers to move along — a common complaint among the homeless. </p><p>The decree spells out the reporting requirements if police violate the agreement, which include the names of the officers involved. </p><p>"The Court's ruling vindicates the right of all citizens to enjoy the protections of the First Amendment, particularly those who are the least able to seek protection," Michael Barfield, chair of the ACLU's legal panel, said in a written statement. </p><p>The ACLU will monitor the city's response to the decree, he said.</p><p>The agreement ends in 60 days, unless there are violations, at which point the court can extend the order.</p><p>The consent decree follows the arrest of Jon Hill, a homeless man who was arrested of panhandling on U.S. 301.</p><p>Hill was injured during his arrest, which he and his attorneys claim was the result of officers slamming his face into a squad car.</p><p>The arresting officers say he intentionally threw himself forward during a struggle, striking his head on their squad car window.</p><p>Hill spent five days in jail, until the ACLU got him released by filing an emergency petition — a writ of habeas corpus.</p><p>Sarasota Police Chief Bernadette DiPino ordered an internal affairs investigation of Hill's arrest.</p><p>The ACLU has warned the city about a recent "spike" of arrests of homeless people.</p>